Messages

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Getty Images Letter Forum / Re: Received second notice last month and asking for input on my response.

« on: September 30, 2012, 04:42:34 PM »

I have not yet sent the above letter, and it's been almost 2 months since I received the second demand for settlement letter. now I am wondering if I should send my letter or just wait and seeif they have forgotten about us.

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Getty Images Letter Forum / Re: Received second notice last month and asking for input on my response.

« on: August 31, 2012, 02:09:45 PM »

Matthew, I disagree that I have forgotten our conversation - I originally submitted a letter to the forum based on what you and I had discussed. I edited it according to the advice of others on the forum who've been through this. Not sending an actual check made sense and I've considered sending a money order instead so they don't have a record of my back account. Keeping things murky - keeping the story to verbal rather than written - also made some sense.  But I think you are saying that my original letter is preferred because they already know my story and it showed some teeth.  I have researched some ideas on the forum an have included this revision:

I am writing in response to your copyright infringement claim. To reiterate what we discussed on both May 11 and July 16, 2012, our company was given permission by a third party to use any images from their website as one of their 2011 event sponsors, and so your claim was a complete surprise.

Our company has licensed photos with fees ranging from $9.75 to $39.50, and have found images comparable to the one in question for as low as $6.68, and so we are not paying an outrageous fee based on your claim and inflated market value. As a startup company with low assets, we would not have purchased a high-priced image such as this.

Because no copyright registration has been included with your claim, there is no proof that the image in question is actually yours, and so before I will even consider your claim seriously, I am asking you to provide the following information:

1 - Copyright Registration of the image in question.
2 - Signed paperwork from the artist transferring its copyright to Getty.
3 - The formula used to determine the settlement demand.
4 - Sales records, including all fees, of the image.
5 – The exact day the alleged infringement started.

I request that Getty Images cease all communication if you cannot provide me with this information. I further request that Getty Images, their employees, or any other entities they retain not contact me if Getty Images will not prove to me that they own the rights to this image.

If Getty Images or its employees continue asking for settlement without any proof to this claim, I will consider it harassment, and I will file a harassment complaint with the Office of the Attorney General. In addition, follow up letters from you will be posted on the ELI forum and sent to Oscar Michelen.

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Getty Images Letter Forum / Re: Received second notice last month and asking for input on my response.

« on: August 28, 2012, 03:29:48 PM »

And here is the updated letter.  I left off the AG reference until I see what they reply with:

We are looking into your allegations, which come as a complete surprise to us, because our policy is to pay licensing fees on images with a copyright.

Nothing in your letter proves that you hold the copyright to the image in question, so before we can even consider your settlement offer, we are asking for proof that you hold the copyright.

We have previously licensed photos with fees ranging from $9.75 to $39.50, and have found images comparable to the one in question for as low as $6.68. Without admitting any guilt, we would be happy to pay you $40.00 to put this matter to rest once and for all and continue on with our business.

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Getty Images Letter Forum / Re: Received second notice last month and asking for input on my response.

« on: August 28, 2012, 03:08:06 PM »

Thanks for the great ideas.  I have unfortunately talked with them about the use of the image on our blog and how we got it, but nothing is in writing.  The third letter is due to arrive in about 2 weeks, so I am guessing I should get mine out asap. Send certified?

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Getty Images Letter Forum / Received second notice last month and asking for input on my response.

« on: August 22, 2012, 10:01:28 AM »

Thanks in advance for comments on the following draft. We received the initial claim in May and second notice was received last month. I'd like to send the letter soon, so your input is greatly appreciated. The reference to Oscar at the end is optional, and I believe this should be sent certified mail, correct?
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I am writing in response to your copyright infringement claim. To reiterate what we discussed on both May 11 and July 16, 2012, our company was given permission by a third party to use any images from their website, as one of their 2011 event sponsors. Using an image that incorporated that organization’s name was done in good faith, as it appeared to be the event logo, and so your claim was a complete surprise.
 
Our research shows that Getty Images is notorious for these unsubstantiated claims, and because no copyright registration has been included with your claim, there is no proof that the image in question is actually yours.  We have found comparable images for as low as $6.68, and so we are not paying an outrageous fee based on your claim. The image obtained from the third party’s website was used for less than 6 months on the Earth Heart blog, and no money was made on the use of the image.  As a startup company with low assets, we would not have purchased a high-priced image.
 
Because I am a reasonable person, and want this resolved, I’ve included a check for $40.08, which is 6 times the above rate of $6.68. Cashing the check will be proof of settlement. Follow up letters from you will be posted on the ELI forum and sent to Oscar Michelen.